701, Construct a new SFR, grading r, Resolutions & Approval ConditionsRESOLUTION NO, 2005-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW FOR GRADING. AND CONSTRUCTION. OF A
• NEW SINGLE FAIVIILY RESIDENCE TO REPLACE AN EXISTING
• RESIDENCE, GRANTING A CONDITIONAL USE PERMIT TO
CONSTRUCT A GUEST HOUSE AND GRANTING A VARIANCE
TO CONSTRUCT THE GUEST HOUSE IN THE 'FRONT YARD IN
ZONING CASE NO. 701 AT 44 PORTUGUESE BEND ROAD, (LOT
124-RH), MILLS.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Marc Mills with
respect to rear property located at 44 Portuguese Bend Road (Lot 124-RH),
• Rolling Hills, CA requesting a. Site Plan Review; Conditional Use Permit and a
Variance tO permit grading and construction of a new 8,402 square foot single
family residence with 1,605 square foot garage, 805 square foot swimming pool
with 36 square foot pool equipment area, 738 square foot guest house, service
yard, 1,385 square feet covered porches/ entryway and 1,048 square: foot
basement. A 1,107 square foot stable will remain on the property. The guest
house is proposed to be located in the front yard.
Section: 2. The Planning Commission.conducted duly noticed public
hearings to consider the appliCation on February 15, 2005, March 15, 2005 and at
a field trip visit on March .15, 2005. The applicants were notified of the public
hearings in writing by first class mail. Evidence was heard and presented from
all persons interested in affecting :said proposal and from members of the City
staff and the Planning Commission having reviewed, analyzed and studied said
proposal. The applicantk representatives were in attendance at the hearings.
Section 3. The Planning Commission finds that the project qualifies as
a Class 3 Exemption (The. State of CA Guidelines, Section 15303) and is therefore
categorically: ,exempt from environmental review under the California
Environmental Quality Act.
Section 4. Sections 17.46.030 requires a‘ development plan ,to be
submitted for Site Plan Review and approval before, any grading requiring a
grading permit or any building or structure may be constructed or any
expansion, addition, alteration or repair to existing buildings may be made
which involve changes to grading or an increase to the size of, the building or
Structure by 'at least 1,000 square feet and has the effect 'of increasing 'thesize of
the building by more than twenty-five percent (25%) in any thirty-six .(36) month
period. With respect to the Site Plan Review application requesting construction
of the new house, swimming pool and guest house, the Planning Commission
makes the following findings of fact:
• Resolution No. 2005-12
A. .The ,:proposed development is compatible with the General Plan,
:the Zoning Ordinance and, surrounding uses because the proposed structures
comply with the General Plan requirement of low profile, low -density residential
development with sufficient open space between surrounding structures. The
project conforms to Zoning Code setback and lot coverage requirements. The net
lot area of thelot is 163,520.square feet, (3.75 acres). The proposed residence
(8,402 sq.ft.), garage (1,605 sq.ft.), covered porches/entryway .(1;385 sq.ft.),
:..service yard (96 sq.ft.), swimming pool/pool equipment (841 sq.ft.), guest house
(738 sq.ft.)' and existing (1,107 sq.ft.) stable will have 14;174 square feet of
structures, which constitutes 8.6% of the net lot which is within the maximum
20% structural lot coverage requirement. The total lot coverage including, all
structures; paved areas and driveway will be 31,646 '.square feet, which
constitutes 19.4% of the net lot which is within the 35% maximum overall net lot
coverage requirement. The proposed project is screened from the road so as to
reduce the visual impact of the development. The disturbed area of the lot will be
34.8%, which is within the 40% maximum permitted, and indudes the stable.
B. The development plan substantially preserves the natural and
.undeveloped state of the lot by minimizing building coverage because the new
structure will not cause the lot to look overdeveloped. Significant portions of the
lot will be left undeveloped so as to maintain open space on the property. The
existing shrubs and trees on the western portion on the parcel will remain and
will screen, the guest house from the street. The nature, condition, and
development of adjacent uses, buildings, 'and structures and the topography of
.the lot have been considered, and the construction of :the new house and other
structures will not adversely affect or be materially detrimental to the adjacent
uses, buildings, or structures because the proposed structures will be constructed
on a portion of the lot which -is least intrusive to surrounding properties, will be
.screened and landscaped with trees and shrubs which at maturity will not
exceed 20 feet in height, is a sufficient distance from nearby residences so that the
proposed , structures will not impact . the view . or privacy of surrounding .
neighbors, and will substantially utilize the existing building pad for the new.
construction.
C. The proposed development, as conditioned, is harmonious in scale
and mass with the site, the natural terrain and surrounding residences. As
indicated in Paragraph A, the lot coverage maximum set forth- in the Zoning
Code will not be exceeded and the proposed project is consistent with the scale
of the neighborhood.
D. The development plan incorporates existing trees and native
vegetation to the maximum extent feasible. Specifically, the development plan
preserves dense brush and shrubs and supplements it with landscaping that is ..
compatible with and enhances the rural characterof the community.
E. The development . plan follows natural contours of the site to
-minimize grading : and retain the natural drainage courses. Grading for . this
project will involve 1,010 cubic yards of cut and 1,010 cubic yards of fill and will
Resolution No. 2005-12
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be balanced on site. The existing tennis court will be removed and the area will
be undulated, to resemble . natural contours of adjacent land and will be
landscaped.
F. The proposed development is sensitive 'and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because the
proposed development will utilize the existing driveway,.
G. The project conforms to the requirements . of the California
Environmental Quality Act and is exempt.
Section` '5. 'Based upon the foregoing findings, the Planning
Commission hereby approves the Site Plan' Review application for Zoning Case
No."701 for grading and for construction of a new residence, ,garage, swimming
pool and guest house as shown on the Development Plan dated March 17, 2005,'
and marked Exhibit A, subject to the conditions contained in Section 10 of this
Resolution.
Section 6. ' Section 17.16.210(A)(5) of the Rolling Hills Municipal Code
permits approval of a ' guest house under certain conditions, provided the.
Planning Commission approves a Conditional Use Permit. The applicant is
requesting to construct a 738 square foot guest house. With respect to, this request
for a Conditional Use Permit, the Planning Commission finds as follows:;
A. The granting of a Conditional Use Permit for the construction of a
guest house would be consistent with the purposes and objectives of the Zoning
Ordinance and General Plan and will be desirable for the public convenience and
welfare because the use is consistent with similar uses in the community, and the
area proposed for the, guest house would be located in an area on the property
where such use will not change the existing configuration of structures on the lot.
B. The nature, condition, and development of adjacent uses, buildings,
and structures have been considered, and the construction of a guest house will
not adversely affect or be materially detrimental 'to these adjacent uses,
buildings, or structures because the proposed guesthouse will be located in an
area to promote pad integration and is of sufficient distance from nearby
residences so .that 'the guest house will not impact the view or privacy of
surrounding neighbors.
C. The project is harmonious in scale and mass with the site, the
natural terrain, and surrounding residences' because the guest house will comply
with the low profile residential development pattern of the community. The'
height of the structure will be restricted to 18 feet maximum from the finished
grade:
D. The proposed conditional' use complies with all ,applicable
development standards of the zone district because the 738 square foot size of the
guest house is less than the maximum permitted under the Municipal 'Code and
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the guest house does not encroach into any setback areas, although will be
located in the front yard area.
•
E. • ; The. proposed 'conditional use is consistent with the portions of the
Los Angeles County Hazardous Waste Management Plan relating to siting and ..
siting criteria for hazardous waste facilities because the project site is not listed
on the current State of California Hazardous Waste and: Substances Sites List.
F. The proposed conditional use observes the spirit and intent of Title
17 of the Zoning Code because an existing stable will be retained.
Section 7. Based uponthe foregoing findings and the evidence in the
record, the Planning Commission hereby approves a Conditional Use Permit for
the 'construction of an 738 square foot guest house, in accordance with the
development plan dated March'17, 2005, and marked Exhibit'A in Zoning Case
No. 701 subject to the conditions contained in Section 10 of this Resolution.
Section 8. Sections 17.38.010 through 17.38.050 of the. Rolling Hills
Municipal Code permit approval of a Variance from the standards and
requirements of . the Zoning Ordinance when exceptional .or. extraordinary
circumstances applicable to the property and not applicable to other similar
properties in the same zone prevent the owner from making use of a parcel of
property to the same extent enjoyed bysimilar properties in the same vicinity. A
Variance' to Section 17.16.210A.5 is required because it states that a guest house
may not be located in the front .yard, or any setback The applicant is requesting a
Variance to encroach with the guest :house into the front yard. With respect to
this request for a Variance, the Planning Commission finds as follows:
A. . ' There are exceptional and extraordinary circumstances and
conditions applicable to the property that ' do, not apply generally to the other
property or class of use in the same zonebecause the configuration of the lot
together with the fact that the lot is bisected by a road creates difficulty in
constructing the guest house elsewhere on the property. Locating the guest'.•
housein the front will eliminate the need for' additional gradingof the lot and
will cause the construction to be straightforward, as the pad already exists.
B. 'The Variance is necessary for the preservation and enjoyment of a
substantial property right possessed by ,other property in the same vicinity and
zone, but which is denied to the property in question. Strict application of the
Zoning Ordinance would deprive the property owner of the right and benefits
enjoyed by similarly situated properties in the same vicinity and zone. The
encroachment permits the use of the lotto the extent allowed for other properties
in the vicinity. The Variance will permit the development of the property in a
manner similar to development patterns : on surrounding properties and
minimize grading. The lot size and configuration, together with the existing
development on the lot creates a difficulty in locating the guest house elsewhere
on the property.
C. The granting of the Variance would not be materially detrimental
Resolution No. 2005-12 4
to the public welfare or injurious to the property or improvements in such
vicinity and zone, in which the property is located. Locating the guesthouse will
• allow the remaining portion of the lot to remain undeveloped and would
minimize grading. The guest house will be screened from the adjacent property
and the road, as required by the conditions of this approval.
Section 9. Based upon the foregoingfindings, the Planning
Commission hereby approves the Variance for Zoning Case ,No. 701 to locate the
proposed guest house in the front yard area, subject to the conditions specified in
Section 10.
Section 10. The Site Plan Review approved in Section 5, the Conditional
use Permit approved in Section 7 and the Variance approved in Section 9 of this
Resolution are subject to the following conditions:
A. The Site Plan Review, Conditional . Use Permit ' and Variance
approvals shall expire within two years from the effective date of approval if
construction.. pursuant to this approval has not commenced within that time
period, as required by Sections'17.46.080(A),17.37.070(A) and 17.42.070(A) of the
Rolling Hills Municipal Code, or : theapproval granted is otherwise extended .,
pursuant to the requirements of those sections.
B. • It, is declared and made a condition of the approval, that if any
.'conditions thereof are .violated, this approval shall be _suspended , and the
privileges granted hereunder shall lapse; provided that the applicants have been
given written notice to cease such ,violation, the opportunity for a hearing has
been provided, and if requested, has been held, and thereafter the 'applicant fails
to correct the violation within a period of thirty (30) days from the date of. the
City's :determination.
C. All requirements of 'the Building and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must
be complied with unless otherwise set.forthin the Permit, or shown otherwise on -
an approved plan.
D. The lot shall be developed and . maintained in substantial,
conformance with the revised site plan 'on file marked Exhibit A and dated
March 17, 2005, except as otherwise provided in these conditions.
E. The working drawings submitted to the County Department of
Building and 'Safety for plan check review must conform to the development
plan approved with this application.
F. . Grading shall not exceed 1,010 cubic yards of cut and 1,010 cubic
yards of fill and shall be balanced on site.
G. Structural lot coverage shall not exceed 14,174 square feet or 8.6%.
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H. Total lot coverage of structures and paved areas shall not exceed
31,646 square feet or 19.4% in conformance with lot coverage limitations.
I. The disturbed area of the lot shall not exceed 56,905 square feet or
34.8% of the net lot area in conformance with lot disturbance limitations.
J. Residential building pad_ coverage on the 52,000 square foot
residential building 'pad shall not exceed 13,067 square feet or 25.1% including
the covered porches and .entryway as well as the guest house; coverage on the
existing 4,320 square foot stable pad shall not exceed 1,107 square feet or 25.6%.
K. The proposed guest house shall' not exceed 738 square feet and
shall meet all requirements of the Zoning Code, which include, but is not limited
to the following:.
a. No kitchen or other cookingfacilities shall be provided within the
guest house.
b: No vehicular access or paved parking area shall be developed
within fifty feet of the proposed guest house.
c. Renting of the guest house is prohibited.
d: Occupancy of the guest house shall be limited to persons employed
on the premises or by the immediate family or temporary guests of the occupants
of the main residence. No guest may remain in occupancy for more than thirty
days in any six-month period.
'L. The basement shall not exceed 1,048 square feet and all
requirements forthe basements shall be met subject to Section 17.12.020 of the
City of Rolling Hills Zoning Code and the Los Angeles County Building Code.
M. The disturbed areas shall be landscaped. Landscaping shall include
water efficient irrigation, to the maximum extent feasible, that incorporates low
gallonage irrigation system, utilizes automatic controllers, incorporates an
irrigation design using "hydrozones," considers slope factors and climate
conditions in design, and .utilizes means :to reduce' water waste resulting from
runoff and, overspray in accordance with Section 17.27.020. (Water. Efficient
Landscaping Requirements) of the Rolling Hills Municipal Code.
N. A landscaping plan for the disturbed areas must be submitted for
review by the Planning Department prior to issuing grading or building permits.
To the maximum extend practicable, native trees and other native plants shall be
utilized, and which are consistent with the rural character of the community. If
trees are to be used in the landscaping scheme for this project, they . shall be
mature when planted and which at full maturity shall not exceed the height of
the structures. Trees and: shrubs shall be planted so as not to impair views of
neighboring properties but to screen the structures on site..'
O. The existing tennis court area shall be "removed and the land
undulated to more closely resemble natural terrain of the adjacent landand shall,
be landscaped. The landscaping plan in item "N" above shall include the tennis
court area. This area shown .on' he Development Plan, marked Exhibit A dated
Resolution No. 2005-12
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March 17, 2005 as "TENNIS COURT AREA TO BE RESTORED TO A NATURAL
CONDITION" shall remain undisturbed and shall not be covered by impervious
surface.
P. The maximum ridge height of the proposed guest house shall not
exceed 13.5 feet from the finished floor and of the residence shall not exceed
• 18.75 feet from the finished floor.
Q. Any walls required for this project shall not exceed 5 feet in height
having an average of 2 1/2 feet, and shall be screened with landscaping to
maximim extend practicable.
R. ' If during construction a construction fence is installed, it shall not
block any easements.
S. During construction, any soil disturbance shall preserve the existing
topography, flora, and natural features to the greatest extent possible.
T. The project is subject to General Permit No. CA-S000002 (Storm
Water Discharges Associated with Construction Activities). The applicant shall
complyy with the requirements of this permit as required by the Regional Water
Quality Control' Board.
U. During construction, conformance with the airquality management
district requirements, stormwater pollution prevention practices, county and
local ordinances and engineering practices so that people or .property are not
exposed to undue vehicle trips, noise, dust, and objectionable odors shall be
required.
V. During construction, an Erosion Control Plan containing the
elements ; set forth in Section 7010 of the 2001 County of Los Angeles Uniform
Building' Code shall be followed to minimize erosion and 'to protect slopes and
channels to control stormwater pollution as required by the . County of Los
Angeles. ,
W.. During and after construction, all parking shall take place on the
project site and, if necessary, any overflow parking shall take place within nearby
roadway easements.
During construction, the property owners shall be required to
schedule and regulate construction' and related traffic noise throughout the day
between :the hotirs of 7 AM and 6 PM, Monday through Saturday only, when
construction and mechanical equipment noise is permitted, so as not to interfere
with the quiet. residential- environment of the City of Rolling Hills.
Y. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Health Department requirements for
the installation and maintenance of septic tanks.
Resolution No. 2005-12 7
Z. The property owners shall be required to, conform to the Regional
Water Quality Control Board and . County Health Department requirements for
the installation and post construction maintenance of stormwater . drainage
facilities.
AA. The property owners shall be required to conform to the Regional
Water Quality Control Board and County Public Works Department Best
Management Practices (BMPs) related to solid waste.
AB. • The property owners shall be required to conform to the City of
Rolling Hills Outdoor Lighting Standards:
AC. The property shall drain towards Portuguese Bend Road. Prior to
the submittal of an applicable final building plan to the County of•Los Angeles
for plan check, a detailed drainage plan that conforms to the development plan
as approved by the Planning Commission shall be submitted to the Rolling Hills
Planning Department staff for their review and approval.
AD. A drainage plan -shall be approved by the Planning Department
and County District Engineer, and shall include any water" from any site
irrigation systems and assure that all drainage from the siteis conveyed in an
approved manner towards Portuguese Bend Road.
" AE: All utility lines shall be placed underground. The roof material for
the new residence and guest house shall comply with the City of Rolling Hills
Building Code requirements.
AF. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
;any grading or building permit.
AG. The applicant shall pay all of the applicable Los.. Angeles County
Building and Safety; and Public Works Department' fees, including Parks and
Recreation Fees for a new residence and school fees for new construction.
AH.:: Until ;the applicants execute' an Affidavit of Acceptance of all
conditions of this Site' Plan Review, CUP and Variance approvals, as required by
the Municipal Code, the approvals shall not be effective.;
AI. All conditions: of 'the Site Plan; Variance and Conditional Use
approvals, that apply, shall be complied with prior to the issuance of grading or
building permit from the County of Los Angeles.
.Resolution NO. 2005-12: •
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.PASSED, APPROVED. AND ADOPTED THIS 19th DAY OF APRIL, 2005.
LOREN DEROY, VICECHAI
WcAQ
RN, DEPUTY CITY CLERK
STATE OF CALIFORNIA ).
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2005-12 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF. ROLLING HILLS GRANTING APPROVAL OF A SITE
PLAN REVIEW. FOR GRADING AND CONSTRUCTION OF A
NEW SINGLE FAMILY RESIDENCE TO' REPLACE AN EXISTING
RESIDENCE, GRANTING A CONDITIONAL USE PERMIT TO
CONSTRUCT A GUEST HOUSE AND GRANTING A VARIANCE
TO CONSTRUCT THE GUEST HOUSE IN THE FRONT YARD IN
ZONING CASE NO. 701` AT 44 PORTUGUESE BEND ROAD,
(LOT 124-RH), MILLS.
was approved and adopted at a regular meeting of the Planning Commission on
April 19, 2005 by the following roll call vote:
AYES: Commissioners DeRoy, Hankins and Witte.
NOES: None.
ABSENT: None.
ABSTAIN: Chairman Sommer.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
EPUTY CITY.CLERK
Resolution No. 2005-12 10
Mills